Om Prakash Thapak vs The State of Madhya Pradesh

Sujoy Paul, J.—Heard. The petitioner is aggrieved by suspension order dated 1.8.2013. Shri R.B.S. Tomar, learned counsel for the petitioner submits that the suspension order is based on incorrect facts. The petitioner has not committed any misconduct and relevant order was not brought to his notice and, therefore, there is no question of committing any misconduct by the petitioner. However, it is not disputed that this order Annexure P-1 is appealable under M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. The learned counsel further submits that by Annexure P-6 the Controlling Authority has recommended in favour of the petitioner.

I have heard the learned counsel for the parties.

This is settled in law that suspension is not a punishment. The scope of interference against a suspension order is limited. Correctness of allegations mentioned in the suspension order cannot be gone into at this stage. After suspension, it is open for the respondents to initiate disciplinary proceedings against the petitioner and in that eventuality, the charges may be proved in a duly constituted domestic enquiry. The correctness of allegations cannot be subject matter of judicial review at the stage of suspension. This view is taken by the Division Bench in State of M.P. and Others Vs. Ashok Sharma, ). Even otherwise, when petitioner has a speedy and statutory remedy of appeal, I find no reason to interfere at this stage. The competence of the officer who placed the petitioner under suspension is not under challenge.

The Apex Court in S.A. Khan Vs. State of Haryana and others, opined as under:-

....Above all, we are inclined to dismiss this writ petition since it is only a suspension order and there is a statutory remedy available to the petitioner.

Considering the aforesaid, this petition is not entertained and the petitioner is given liberty to prefer appeal before the competent appellate authority. It is observed that if such appeal is preferred, the competent appellate authority will deal with it in accordance with law. With the aforesaid, the petition is disposed of without expressing any opinion on the merits of the case. No cost.